[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 212 Enrolled Bill (ENR)]
S.212
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To amend the Valles Caldera Preservation Act to improve the preservation
of the Valles Caldera, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Valles Caldera Preservation Act of
2005''.
SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.
(a) Acquisition of Outstanding Mineral Interests.--Section 104(e)
of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is
amended--
(1) by striking ``The acquisition'' and inserting the
following:
``(1) In general.--The acquisition'';
(2) by striking ``The Secretary'' and inserting the following:
``(2) Acquisition.--The Secretary'';
(3) by striking ``on a willing seller basis'';
(4) by striking ``Any such'' and inserting the following:
``(3) Administration.--Any such''; and
(5) by adding at the end the following:
``(4) Available funds.--Any such interests shall be acquired
with available funds.
``(5) Declaration of taking.--
``(A) In general.--If negotiations to acquire the interests
are unsuccessful by the date that is 60 days after the date of
enactment of this paragraph, the Secretary shall acquire the
interests pursuant to section 3114 of title 40, United States
Code.
``(B) Source of funds.--Any difference between the sum of
money estimated to be just compensation by the Secretary and
the amount awarded shall be paid from the permanent judgment
appropriation under section 1304 of title 31, United States
Code.''.
(b) Obligations and Expenditures.--Section 106(e) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at
the end the following:
``(4) Obligations and expenditures.--Subject to the laws
applicable to Government corporations, the Trust shall determine--
``(A) the character of, and the necessity for, any
obligations and expenditures of the Trust; and
``(B) the manner in which obligations and expenditures
shall be incurred, allowed, and paid.''.
(c) Solicitation of Donations.--Section 106(g) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking
``The Trust may solicit'' and inserting ``The members of the Board of
Trustees, the executive director, and one additional employee of the
Trust in an executive position designated by the Board of Trustees or
the executive director may solicit''.
(d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking
``subsection (g)'' and inserting ``subsection (g), from claims,
judgments, or settlements arising from activities occurring on the Baca
Ranch or the Preserve after October 27, 1999,''.
SEC. 3. BOARD OF TRUSTEES.
Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-
5(e)) is amended--
(1) in paragraph (2), by striking ``Trustees'' and inserting
``Except as provided in paragraph (3), trustees''; and
(2) in paragraph (3)--
(A) by striking ``Trustees'' and inserting the following:
``(A) Selection.--Trustees''; and
(B) by adding at the end the following:
``(B) Compensation.--On request of the chair, the chair may
be compensated at a rate determined by the Board of Trustees,
but not to exceed the daily equivalent of the annual rate of
pay for level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day (including travel
time) in which the chair is engaged in the performance of
duties of the Board of Trustees.
``(C) Maximum rate of pay.--The total amount of
compensation paid to the chair for a fiscal year under
subparagraph (B) shall not exceed 25 percent of the annual rate
of pay for level IV of the Executive Schedule under section
5315 of title 5, United States Code.''.
SEC. 4. RESOURCE MANAGEMENT.
(a) Property Disposal Limitations.--Section 108(c)(3) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--
(1) in the first sentence, by striking ``The Trust may not
dispose'' and inserting the following:
``(A) In general.--The Trust may not dispose'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Maximum duration.--The Trust'';
(3) in the last sentence, by striking ``Any such'' and
inserting the following:
``(C) Termination.--The''; and
(4) by adding at the end the following:
``(D) Exclusions.--For the purposes of this paragraph, the
disposal of real property does not include the sale or other
disposal of forage, forest products, or marketable renewable
resources.''.
(b) Law Enforcement and Fire Management.--Section 108(g) of the
Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--
(1) in the first sentence, by striking ``The Secretary'' and
inserting the following:
``(1) Law enforcement.--
``(A) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Federal agency.--The Trust''; and
(3) by striking ``At the request of the Trust'' and all that
follows through the end of the paragraph and inserting the
following:
``(2) Fire management.--
``(A) Non-reimbursable services.--
``(i) Development of plan.--The Secretary shall, in
consultation with the Trust, develop a plan to carry out
fire preparedness, suppression, and emergency
rehabilitation services on the Preserve.
``(ii) Consistency with management program.--The plan
shall be consistent with the management program developed
pursuant to subsection (d).
``(iii) Cooperative agreement.--To the extent generally
authorized at other units of the National Forest System,
the Secretary shall provide the services to be carried out
pursuant to the plan under a cooperative agreement entered
into between the Secretary and the Trust.
``(B) Reimbursable services.--To the extent generally
authorized at other units of the National Forest System, the
Secretary may provide presuppression and nonemergency
rehabilitation and restoration services for the Trust at any
time on a reimbursable basis.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.